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RAKESH THAPLIYAL
Chand – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. Present applicant is seeking bail in relation to Case Crime No. 734 of 2022 for the offence punishable under Section 8/20/60 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”), Police Station – Kashipur, District Udham Singh Nagar.
2. It is submitted by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is alleged that applicant was selling the prohibited drugs (injections and pills), which according to the prosecution, was of commercial quantity.
3. It is submitted by the learned counsel for the applicant that present applicant is languishing in jail since 13.12.2022 and on 13.06.2023, charges were framed and there are total ten witnesses and uptill now, not a single witness has been examined. She further submits that apart from this case, applicant has been implicated only in one criminal case for the offences punishable under Section 147, 323, 504, 506 IPC but no FIR for the offence punishable under Section of the NDPS Act is registered against him. She further submits that applicant is seeking bail on the ground that
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, despite the commercial quantity of drugs involved.
The court established that procedural non-compliance under the NDPS Act can lead to bail being granted, especially when the accused has no prior convictions and has faced prolonged detention.
The judgment established that the prolonged incarceration and the absence of criminal antecedents can be considered in granting bail under Section 37 of the NDPS Act, even in cases involving commerci....
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, overriding statutory restrictions.
The court emphasized that bail in narcotics cases involving commercial quantities requires satisfaction of twin conditions under Section 37 of the NDPS Act, focusing on the accused's guilt and likeli....
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
The court ruled that bail cannot be granted under the NDPS Act unless the accused satisfies the twin conditions of Section 37 concerning the likelihood of guilt and re-offense.
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